Filing a Defective Product Claim
We expect that household appliances, medications and other everyday items will work like they should. When they work unexpectedly and cause injuries or death, they are considered defective. If your or a loved one was injured by a defective product, you can file a claim against the manufacturer and receive compensation.
A product can be defective in three main ways: design, manufacturing and marketing. A defective design means that something went wrong when the product was created. An overnight or mistake can cause the item to work erratically, causing serious injuries. A manufacturing defect means that the product was designed correctly, but something went wrong during the manufacturing process. A machine could have malfunctioned, for example. A marketing defect means that the product came with poor instructions and warnings. For example, the product may not have warned consumers of a serious side effect or may not have come with clear instructions on how to use it properly.
There are many products that are known for defects. Nursery products—products used by children under the age of 5—accounted for 59,000 emergency room visits in 2018. These items include cribs, high chairs, strollers, swings, playpens and car seats.
Prescription drugs and medical devices are also known to be defective. Cleaning products, cosmetics and household appliances also have high rates of defects. Industrial machines and equipment are also known to be defective, as are automobiles and boats.
Proving a Claim
To file a defective product claim, you will need proof of four elements:
- You used the product as intended. This means you didn’t cause your own injury by sticking a fork into a toaster and electrocuting yourself, for example.
- The product was defective. You must show that there was some sort of issue in the process that caused the product to malfunction.
- You were injured. It’s not enough to prove that the product was defective. You must also prove that you were harmed by the defect and suffered damages such as medical bills, lost wages and pain and suffering.
- The defect caused your harm. There must be a strong connection between the defect and your injuries.
To prove these elements, you also need the right evidence. This may include the following:
- The defective product
- Proof of damages, such as medical bills for your injuries and pay stubs showing lost wages
- Photos and videos showing the incident and aftermath
- Witness accounts (these may include bystanders as well as expert witnesses)
- Product packaging, such as boxes, labels, inserts and instructions
- Marketing materials, such as print ads, online ads and TV ads
- Evidence that the manufacturer had knowledge of the defect, such as company memos and news articles (you may need help from a lawyer)
Get Legal Help for Your Florida Defective Product Case
Defective products are no laughing matter. Having a product blow up in your face or injure you as it works unexpectedly can lead to many damages.
A defective product can cause severe injury. Some people have even died from such defects. Get the legal help you need from the Tampa defective product attorneys at the Pawlowski//Mastrilli Law Group. In these cases, time is often of the essence, so don’t delay. Contact our office today for a free consultation. Fill out the online form or call 813-242-4404.